LEXIS AND COMPANY

WHAT IS THE PROCEDURE OF THE APPOINTMENT OF AN ARBITRATOR? The appointment of arbitrators in India is governed by the Arbitration and Conciliation Act, 1996. The procedure for appointing arbitrators typically follows these steps: 1-Agreement between Parties: The first step is to check the arbitration agreement between the parties involved in the dispute. Usually, the arbitration agreement will specify the number of arbitrators to be appointed and the method of their appointment. If the agreement provides specific names of arbitrators, the process may proceed accordingly. 2-Appointment by the Parties: If the arbitration agreement allows the parties to appoint arbitrators directly, each party will select their respective arbitrator. The appointed arbitrators may then proceed to appoint the presiding arbitrator (if the agreement calls for a three-member tribunal) or act as sole arbitrators (if the agreement calls for a single arbitrator). 3-Appointment by Designated Authority: In cases wh...

  Manipur's Latest Incident: Two Girls Paraded on Humanitarian Ground Introduction: Manipur, a beautiful state in Northeast India known for its rich cultural heritage and natural beauty, has unfortunately been in the news recently for a disturbing incident that has shocked the nation. In a gross violation of human rights and decency, two innocent girls were paraded publicly on the pretext of a humanitarian cause. This heinous act has not only left the victims traumatized but has also sparked outrage among citizens and raised questions about the safety and dignity of individuals, especially women, in the region. The Incident: The incident took place in a remote village in Manipur, where two young girls were allegedly accused of committing a theft. Instead of handing them over to the authorities for due process, the perpetrators, who claimed to be acting in the name of justice, took matters into their own hands. They subjected the girls to a cruel and degrading act of parading them t...

        The legal framework that governs the extractive industries rests inside a broader set of rules governing the organization of the state and economic activities. A well-designed legal architecture should provide rules for how state institutions are structured; how companies acquire and manage licenses; the fiscal terms governing payments between companies and the state; environmental management; relationships between extractive projects and neighboring communities; the behavior of public officials active in the sector; public information disclosure and accountability; and how the government 2 Legal Framework will manage natural resource revenues. When companies begin to engage in a country, they must check that they are in compliance, or following, all of the rules in the legal framework of a country.  Legal frameworks comprise a set of documents that include the constitution, legislation, regulations, and contracts. How these documents rela...

  307 IPC is an offence of ‘attempt to murder.’ It is considered as heinous as committing murder. However, the only dissimilarity is that the murder causes death of the victim, whereas as an attempt to murder is a failed attempt of causing death.  According to Section 307 of Indian Penal Code, “Whoever does any act with such knowledge or intention and under such circumstances that, if he by that act caused death, then he will be found guilty of murder. He shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine. If attempt to murder has caused hurt to any person by such act, then the offender shall be liable either to imprisonment for life, or to such punishment as is here in before mentioned.” Section 307 IPC by Understanding It with the Help of Illustrations A shoots at Z with an intention to kill him.  In this case, if death ensues, then A would be guilty of murder. A will be liable to be punished under this section...

  The previous definition of bigamy consisted of these stated words “having a husband or wife”, but these words become vague once the first marriage ceases to be legal after separation. Thus the definition of bigamy under Section 494 of IPC was suggested to be redrafted. According to Section 5 of the Hindu Marriage Act,1995 the conditions necessary at the time of marriage is that both the partners getting married should not be having a living spouse. But there is an exception provided by Section 494 of IPC, it states that either of the partners can contract a second marriage after the long absence of her partner for a period of seven years. Section 494 This Section states that any person who is already having a husband or wife and marries another person in existence of previous spouse, then the person shall be punished with imprisonment which shall extend to seven years and would be liable to fine. But a person  can not be convicted under this section when the marriage has alr...

  Joint or constructive criminality - the law relating to joint offender or constructive criminality is laid down under section 34 to 38 of Indian Penal Code.  There are four important principles governing joint offender  Act done by several persons in furtherance of common intention - section 34 Act done with criminal knowledge or intention - section 35  Co-operation in acts constituting an offence - section 37  Persons concerned in criminal act may be guilty of different offence - section 38 Sections  34  and  149  are  the  relevant  provisions  of  group  liability  in  the  Indian  Penal  Code. Section  34  defines  common  intention,  whereas  149  defines  the  liability  of  a  group  acting  in  the prosecution  of  a  common  object.  Common  intention  means  the...

  Vicarious Liability: An Introduction Vicarious Liability deals with cases where one person is liable for the acts of others. So in a case of vicarious liability both the person at whose behest the act is done as well as the person who does the act are liable. Thus, Employers are vicariously liable for the torts of their employees that are committed during the course of employment. The common examples of such a liability are: (1) Liability of the principal for the tort of his agent; (2) Liability of partners of each other’s tort; (3) Liability of the master for the tort of his servant. (4) Liability of the State or Liability of the Administration. Constituents of Vicarious Liability So the constituents of vicarious liability are: (1) There must be a  relationship   of a certain kind. (2) The  wrongful act   must be related to the relationship in a certain way. (3) The wrong has been done within the  course of employment . Vicarious Liability Of The St...

        Human beings value their privacy and the protection of their personal sphere of life. They value some control over who knows what about them. They certainly do not want their personal information to be accessible to just anyone at any time. But recent advances in information technology threaten privacy and have reduced the amount of control over personal data and open up the possibility of a range of negative consequences as a result of access to personal data. In the second half of the 20 th  century data protection regimes have been put in place as a response to increasing levels of processing of personal data. The 21 st  century has become the century of big data and advanced information technology (e.g. forms of deep learning), the rise of big tech companies and the platform economy, which comes with the storage and processing of exabytes of data. The revelations of Edward Snowden, and more recently the Cambridge Analytica case (C...

  Introduction: Criminal law deals with the criminal, and helps to protect the societies and security of individual interests and ensure the survival of different groups in society.  There are two types of criminal law:  Substantive law: In this law the substance defines law and punishment like IPC. The right and obligation that govern people and organization it include all law of general and specific applicability.  Procedural law: It include the procedure, and establish the legal rules by which substantive law is created, applied and enforced particularly in court. Example: CRPC CPC. Criminal Law  The criminal law deals with the different kind crime took place in our society now question arises that what is the Crime?   Judge Blackstone defines crime as an act committed or omitted in violation of a public law either forbidding or commanding it.   Oxford Dictionary defines crime as an act punishable by law as forbidden by statute or injuriou...